Loading...
HomeMy WebLinkAboutSW8021215_HISTORICAL FILE_20030916STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 obl,\5 DOC TYPE ❑ CURRENT PERMIT ❑ APPROVED PLANS N HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE 2003 nomo YYYYMMDD I: of wArFR Michael F. Easley, Governor \Qt OG William G. Ross Jr. Secretary v North Carolina Department of Environment and Natural Resources > Alan W. Klimek, P. E., Director p Division of Water Quality Coleen H. Sullins, Deputy Director Division of Water Quality September 16, 2003 Mr. Fred Hathaway, Member Manager Sweet Bay Village, LLC 4850 Tobago Drive Southport, NC 28461 Subject: Dear Mr. Hathaway: Stormwater Permit No. SW8 021215 Sweet Bay Village Low Density Subdivision Brunswick County The Wilmington Regional Office received a complete Stormwater Management Permit Application for Sweet Bay Village on September 10, 2003. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW8 021215, dated September 16, 2003, for the construction of the project Sweet Bay Village. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein, and does not supercede any other agency permit that may be required., If any parts, requirements, or limitations contained in this permit are unacceptable,.you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150E 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 Linda Lewis or me at (910) 395-3900. Sincerely, 'C�-o 6e"Vc Rick Shiver Water Quality Regional Supervisor RSS/:arl S:\WQS\STORMWARPERMIT\021215.sep03 cc: Charles Cazier, Tripp Engineering Delaney Aycock, Brunswick County Inspections David Thomas, NCDOT Division 3, District 3 Linda Lewis Wilmington Regional Office Central Files N. C. Division of Water Duality 127 Cardinal Drive Extension (910) 395-3900 Customer service AGA Wilmington Regional Office Wilmington, NC 28405 (910) 350-2004 Fax 1 800 623-7748 NCDENa2 State Stormwater Management Systems Permit No. SW8 021215 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 Fred Hathaway, Sweet Bay Village, LLC Sweet Bay Village Brunswick County FOR THE construction, operation and maintenance of a 30% low density subdivision in compliance with the provisions of 15A NCAC 2H A 000 (hereafter referred to as the "stormwat:.rrules1 and the approved stormwater management plans and spr,r;itic._rtions, and ether supporting data as attached and on file with and approved by tho Division of Water Quality and considered a part of this permit for Sweet Bay Village. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations: 1. OL 31GN ;STANDARDS Each of the 136 lots is limited to a maximum of 2,500 square feet of built -upon area, as indicated in the approved plans. CAMA regulations may reduce the allowable built -upon area for those lots within the AEC. 2. The overall tract built -upon area percentage or lot sizes for the project must be maintained at 30%, per the requirements of Section .1005 of the stormwater nudes. 3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 4. Projects covered by this permit will maintain a minimum 30 foot wide vegetative buffer between all impervious areas and surface waters. The only runoff conveyance systems allowed will be vegetated conveyances f>uch as swales with minimum side slopes of 3:1 (H:V) as defined in the storrnwa- ter rules and approved by the Division. State Stormwater Management Systems Permit No. SW8 021215 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 revegetating of the side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans and specifications. 4. 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 SW8 021215, 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. The maximum built -upon area per lot is 2,500 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. 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. State Stormwater Management Systems Permit No. SW8 021215 ` 5. The permittee shall submit a copy of the recorded deed restrictions which indicates the approved built -upon area per lot within 30 days of the date of recording. 6. The pormittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. 7. 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 noeded under driveways to provide access to lots. 8. Unless specified elsewhere, permanent seeding requirements for the swales trust follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 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 of Water Quality, and responsibility for meeting the built -upon area limit is transferred to the individual property owner. 10. If the permittee sets up an Architectural Review Committee (ARC) 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 do not relieve r'rie lot owner of the responsibility to maintain compliance with the permitted BUA limit. 11. 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 construu.ted within substantial intent of the approved plans and specifications. Any deviation from the approved plans must be noted on the Certification. 12. The Dir-ector 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 th t the changes have been made. 13. The pormittee 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. State Stormwater Management Systems Permit No. SW8 021215 14. The Director may determine that other revisions to the project should require a modification to the permit. 15. 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 rights -of -way, easements and common areas, in accordance with the approved plans. III. GENERAL CONDITIONS Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement action by the Division of Water Quality, in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C. 2. The permit issued shall continue in force and effect until revoked or terminated. 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 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 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. 6. The permittee is responsible for compliance with all permit conditions until such time as the Director approves the permit transfer request, including transfers to third parties such as a home owner=s association. 7. 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. If any of those permits result in revisions to the plans, a permit modification must be submitted. 8. The permittee grants permission to DENR Staff to enter the property during business hours for the purposes of inspecting the stormwater management system and it's components. 9. The permittee shall notify the Division of Water Quality of any name, ownership or mailing address changes within 30 days. 5 State Stormwater Management Systems Permit No. SW8 021215 Permit issued this the 16th day of September, 2003. NOR1'?i AROLINA ENVIRONMENTAL MANAGEMENT COMMISSION 3a Alan W. Klimek„ P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 021215 State Stormwater Management Systems Permit No. SW8 021215 Permit issued this the 16th day of September, 2003. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ---------------------- 4Alan W. Klimek„ P.E., Director � Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW8 021215 State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM This form may be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. who owns the project): Sweetbay Village LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Fred Hathaway Member Manager 3. Mailing Address for person listed in item 2 above: 4850 Tobago Drive City: Southport State: NC Zip: 28461 Telephone Number: 910-454-0600 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Sweet Bay Village 5. Location of Project (street address): A4i:;?Ce171 Sea Pines Subdivision - �ZIC�f 2 l� ofir 133 nee- -5)A. City: Smithville County: Brunswick 6. Directions to project (from nearest major intersection): From the intersection of NC Hwy 211 & NC Hwyl33 (Long Beach Road) travel south on 133 for appros 0.75 mi. to Sea Pines Drive Turn right on Sea Pines Left on 41h Street 4'h Street will end at entrance to site. 7. Latitude : N 330 56' 00" Longitude: W 780 03' 00" of project 8. Contact person who can answer questions about the project: Name: Charles Cazier Telephone Number: 910-763-5100 it. PERMIT INFORMATION: 1. Specify whether project is (check one): X New Renewal Modification Form SWU-101 Version 3.99 Page 1 of 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list The existing permit number and its issue date (if known) 3. Specify the type of project (check one): X Low Density _ High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): CAMA Major X Sedimentation/Erosion Control _ 404//401 Permit _ NPDES Stomm ater Information on required state permits can be obtained by contacting the Customer Service Center at I-877-623-6748. Ill. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. Low density 3 1 roadside swales 2. Stormwater runoff from this project drains to the Cape Fear River basin. 3. Total Project Area: 45.33 acres 5. How many drainage basins does the project have? 1 4. Project Built Upon Area: 23.23 %. 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. „ ;.. ��Stkt�tliEiPtittG3t7t� . .t., Receiving Stream Name s:�„�:�`.•:a:;�iJF.t3ilE1s�g4�39iXla.,«,x°::�:�:��.:,�°:','° Calf Gully Creek �'id`I3't&$B�faS.tiA.� Receiving Stream Class SC SW HQW Drainage Basin Area 45.33 ac Existing Impervious * Area - Proposed Impervious * Area 10.53 ac % Impervious* Area (total) 23.23% On -site Buildings 136 lots @ 2500 ea 340,000 sf On -site Streets 118,742 sf UII-SILL rULK111g On -site Sidewalks Other on -site Off -site Total: I E=458,742 sf I E— * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parkin areas sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Page 2 of 4 7. How was the off -site impervious area listed above derived? IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built -upon area for each lot must be provided as an attachment. 1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than 2,500 square feet ofany lot shall be covered by structures of impervious materials. impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface ofs wimming pools. 3. Swales shall not be filled in, piped or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance of the system as permitted By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the Stormwater and General Permits Unit at (910) 733-5083 for the status and availability of these forms. Form SWU-102 Form SWU-103 Form SWU-104 Form SWU-105 Form SWU-106 Form SWU-107 Form SWU-108 Form SWU-109 Wet Detention Basin Supplement Infiltration Basin Supplement Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Underground Infiltration Trench Supplement Neuse River Basin Supplement Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. Applicant's Initials • Original and one copy of the Stormwater Management Permit Application Form CCY— • One copy of the applicable Supplement Form(s) for each BMP /17l • Permit application processing fee of $420 (payable to NCDENR) G�( • Detailed narrative description of stormwater treatment/management �[ • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm - Legend - North arrow - Scale - Revision number and date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off -site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VIL AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Trinn EnQineerinQ P C Mailing Address: 419 Chestnut Street City: Wilminuton State: NC Zip: 28401 Phone: (910)763-5100 Fax: (910)763-5631 Vill. APPLICANT'S CERTIFICATION 1, (print or type name of person listed in General Information, item 2) Fred Hathaway certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A NCAC 21-1.1000. / C I �A-/ Date: Signature: T, Form SWU-101 Version 3.99 Page 4 of 4 Permit No. SW d G2 /2/!5 (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM LOW DENSITY SUPPLEMENT This form may be photocopied for use as an original A low density project is one that meets the appropriate criteria for built upon area and transports stormwater runoff primarily through vegetated conveyances. Low density projects should not have a discrete stormwater collection system as defined by 15A NCAC 2H .1002(18). Low density requirements and density factors can be found in 15A NCAC2H .1005 through .1007. PROJECT INFORMATION (please complete the following information): Project Name: Sweet Bay Village Contact Person: Charles Cazier Phone Number: C210 _763-5100 Number of Lots: Allowable Built Upon Area Per Lot*: 2,500 sf * IF lot sizes are not uniform, attach a table indicating the number of lots, lot sizes and allowable built upon area for each lot. The attachment must include the project name, phase, page numbers and provide area subtotals and totals. 11. BUILT UPON AREA See the Stormwater Management Permit Application for specific language that must be recorded in the deed restrictions for all subdivisions. For uniform lot sizes, complete the following calculation in the space provided below where: • SA Site Area — the total project area above Mean High Water. Wetlands may be excluded when the development results in high density pockets. • DF Density Factor — the appropriate percent built upon area divided by 100. • RA Road Area — the total impervious surface occupied by roadways. • OA Other Area — the total area of impervious surfaces such as clubhouses, tennis courts, sidewalks, etc. • No. Lots — the total number of lots in the subdivision. • B UA/Lot — the computed allowable built upon area for each lot including driveways and impervious surfaces located between the front line and the edge of pavement. Form SWU-104 Rev 3.99 Page 1 of I Calculation: (SA x DF) RA= OA = BUA No. Lots Lot Q6.3 ac uplands x 0. 1— 118,742 = 2,615 sf 136 2,500 sf < 2,615 sf OK III. REQUIRED ITEMS CHECKLIST Initial in the space provided to indicate that the following requirements have been met and supporting documentation is provided as necessary. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. Applicants Initials ccc- a. A 30 foot vegetative buffer is provided adjacent to surface waters. Projects in the Neuse River basin may require additional buffers. C_pG b. Deed restriction language as required on form SWU-101 shall be recorded as a restrictive C_PC covenant. A copy of the recorded document shall be provided to DWQ within 30 days of platting and prior to sale of any lots. c. Built upon area calculations are provided for the overall project and all lots. C PC- d. Project conforms to low density requirements within the ORW AEC (if applicable). [15A NCAC 2H .1007(2)(b)] Form S WU-104 Rev 3.99 Page 2 of 2 Job No. CAAs Date: TRIPP ENGINEERING, PCea"- �� �ooC-1 419 Chestnut Street, Wilmington, NC 28401 7j I Phone: (910) 763-5100 • FAX: (910) 763-5631 o� Email: trippeng@ec.rr.com Lp 1 InLETTER OF TRANSMITTAL To: NtDFgv Attention: _ Ny-u2b LBllat Subject: G�Et `{ �t4L-f- L4-)Jd427� (22124 FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER I am sending you: ( ) ATTACHED ( ) UNDER SEPARATE COVER ( ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications ( ) Other Copies Item No. Description t. r ( zeS'RICT I VAIS These are transmitted as checked below: ( ) For Approval ( ) For Your Use ( ) Sign & Return (L,-�eview Remarks: cc: 09/10/2002 15:27 9106810034 HATHAWAY PAGE 02 SmrlO400a 01:4aps FrariFlRrMISOM TAYLOR ATTY MOT1128501 T-101 10.002/002 F-699 9weetbav Village, LL'C At the present time it is contemplated that units built at Sweetbay Village will he rental units. lf, in the ilnure the units are gold, protective covenants will be recorded that will include the following language: Section 1. All lots are subject to the State of North Carolina Rules and Regulations concerning stotmwater runoff and to state stormwater management permit numberS W IS011115 as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. Secrion 2. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with Ste slomlwatar management permit. Section 3. These covenants are to run with the laid and be binding on all persons and parties claiming under these. Smuou 4. Alteration of the draioago a shown on the approved plan may not take place without the concurrence of the Division of Water Quality. Section 5. No more than Z500 square feet of any lot shall be covered by structu= of impervious materiels. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the w*rer surface of swimming pools. Section 6. Swales shall not be filled in, piped of altered except as necessary to provide minimum driveway crossings. I hm. by certify that if lots are sold in this project the recorded deed restrictions and protective covenants shall include the above Sections 1-6. that the covenants will be binding on all patties and persons claiming under them, that they will ran with the land, that the required covenants cannot be changed or deleted without concurrance font the State, and that they will be recorded prier to the sale of any lot. This. 16 day of . 2003. SWEETBAY VUI AQE, l-l-C. LM / fi. Charlie Cazier: RE Sweetbay Village Subject: Charlie Cazier: RE Sweetbay Village From: Linda Lewis <Linda.Lewis@ncmail.net> Date: Thu, 28 Aug 2003 10:17:48 -0400 To: Phil Tripp <trippeng@ec.rr.com> Charlie: Thanks for the deed restrictions for Sweetbay, BUT, they need a little tweaking to convey the intent of the restrictions. 1. You can delete Section 5, since there are no outparcel or future development areas noted on the plan. 2. Section 3 needs to be modified to say "...altered except as necessary to provide MINIMUM driveway crossings." 3. I don't know where Section 4 came from -it isn't on the form I use (attached). I prefer that this section be deleted. It makes it sound like the BUA can be exceeded on the lot by simply modifying the permit, which isn't totally true. Unless someone else in the subdivision is willing to give up some BUA, or the person buys two lots, exceedences cannot be permitted. 4. Add statements I.2,1.3 and 1.5 as restrictions, verbatum. 5. Please have Mr. Hathaway sign the document, once it is revised, and submit. Linda cc Fre ( � 0I 12w t (U SPS) 1 of 1 8/28/2003 10:18 AM State of North Carolina ,Department of Environment and Natural Resources Wilmington Regional Office Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary July 8, 2003 NOTICE OF VIOLATIONS OF THE SEDIMENTATION POLLUTION CONTROL ACT CERTIFIED MAIL 7003 0500 0000 8804 3877 RETURN RECEIPT REQUESTED Sweet Bay Village Mr. Fred Hathaway, Manager/Partner 4850 Tobago Drive Southport NC 28461 Project Name: Sweet Bay Village Project No: BR-03148 Brunswick County Dear Mr. Hathaway: On July 7, 2003, personnel of this office inspected a project located on Oak Crest Drive in Brunswick County, North Carolina. This inspection was performed to determine compliance with the North Carolina Sedimentation Pollution Control Act of 1973. The inspection revealed a land -disturbing activity of approximately 34.0 acres being conducted. It is our understanding that you and/or your firm are responsible for this land -disturbing activity. The purpose of this letter is to inform you that this activity was found to be in violation of the Act, NCGS 113A-50 to 66, and Title 15A, North Carolina Administrative Code, Chapter 4. If you feel that you are not responsible for the following violations, please notify this office immediately. The violations that were found are: 1. Failure to conduct a land -disturbing activity in accordance with the provisions of an approved erosion and sedimentation control plan. G.S. 113A-61.1. Erosion and sedimentation control measures are not installed as per approved plan. The erosion and sedimentation control plan approved by this office on February 6, 2003 must be immediately implemented on the site sufficient to restrain off -site sedimentation, or if that plan can no longer address the field conditions, submit to this office a revised plan that addresses current erosion and sediment control needs. 2. Failure on a tract of more than one acre, when more than one acre is uncovered, to install sedimentation and erosion control devices sufficient to retain the sediment generated by the land - disturbing activity within the boundaries of the tract during construction upon and development of the tract. G.S. 113A-57(3). Off -site sedimentation was observed in adjacent wetland. 127 Cardinal Drive Extension, Wilmington, N.C. 284053845 Telephone 910395-3900 Fax 91D350-2004 An Equal Opportunity Affirmative Action Employer Mr. Fred Hathaway July 8, 2003 Page Two 3. Failure to take all reasonable measures to protect all public and private property from damage by such land -disturbing activities. 15A NCAC 48.0005. No measures have been installed to control erosion and retain sediment on site. To correct these violations, you must: 1. Install gravel construction entrance, sediment traps, and silt fence as per approved plan. 2. Install the measures, structures, and/or devices necessary to control erosion and retain sediment on site. Please note that merely planting grass seed does not satisfy the requirements of "vegetative cover" or of "ground cover sufficient to restrain erosion." These requirements are not satisfied until a standing cover of grass or other ground cover is established which is, in fact, sufficient to restrain accelerated or man-made erosion. The initial one day civil penalty could be an assessment of up to $5,000.00. A time period for compliance is not required for this initial one day civil penalty pursuant to NCGS 113A-61.1 (c) and NCGS 113A-64(a)(1I. An initial one day civil penalty is being considered for this project. If the violations described in this Notice are not corrected within 7 days following your receipt of this Notice, the Division of Land Resources may take additional appropriate legal action against you pursuant to NCGS 113A-64. That action could be the assessment of additional civil penalties and may result in the initiation of other remedies as prescribed by the Act. If additional civil penalties are assessed for the violations, the amount may be up to $5,000.00 per day for each day of the violation pursuant to NCGS 133A-64(a)(1). If all violations are corrected within the time period specified for compliance, additional civil penalties or legal remedies will not be pursued. Any new land -disturbing activity associated with this project should not begin until the area presently disturbed is brought into compliance with the Act. When corrective actions are complete, you should notify this office so that the work can be inspected. You should not assume that the site is in compliance with the Act until we have so notified you. In addition, once compliance has been achieved, all installed measures must be satisfactorily maintained until development is complete and the site is fully stabilized to avoid further violations of the Act. We solicit your cooperation, and would like to avoid taking further enforcement action. At the same time,'it is your responsibility to understand and comply with the requirements of the Act. Copies of the relevant statute and administrative rules may be examined at this office or will be sent to you upon request. Should you have questions concerning this Notice or the requirements of the Act, please contact either Kevin Rowland or me at your earliest convenience. Mr. Fred Hathaway July 8, 2003 Page Three Please do not hesitate to contact me regarding any questions you might have about this matter. Sincerely, Daniel Sams, P.E., M.E. Regional Engineer DES//bfr cc: Sedimentation Specialist WiRO-LQS ,,DWQ§upervisoraWiRO> Enclosure: Inspection Report :7 no check vtolahons QY, 07(c) I'wb jl"Inadequate buffer zol f.. t. 0 h. Graded slopes and fills 5 .. 7 15A 3A .or NCAC 04B.0 all that apply): No 7;'-'Moderate4R',,iScvere 0 Title to Person financially. Responsible -',`.,'..-Date* given/sent i �en�/Se,i : - Y�j 3- 1-9 14 ­v • e TRIPP ENGINEERING, P.C. 0 419 Chestnut Sweet Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 March 7, 2003 RECEI V h NCDENR MAR 0 7 2003 Division Water Quality BY. 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Sweet Bay Village SW8 021215 Brunswick County, NC TE 01145 Dear Linda: In response to your correspondence dated February 24, 2003, we offer the following: 1. Vicinity map has been changed to show the intersection of NC Hwy 211 and Hwy 133. 2. Lots have been numbered on the plan. —� 3. Copy of proposed deed restrictions to be provided by the owner. 4. Detail for the single lane road and eyebrow has been added. 5. Applicant name has been changed to Sweetbay Village, LLC on the plan. Please review for approval and contact us with any questions, comments or if you need additional information. Thank you. Sincerely, Tripp Engineering, P.C. jew Jennifer Rohde JLR:dcb Enc. WATF9 0 O Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Mr. Fred Hathaway, Member Manager Sweet Bay Village, LLC 4850 Tobago Drive Southport, NC 28461 Dear Mr. Hathaway: Alan W. Klimek, P.E., Director Division of Water Quality Wilmington Regional Office February 24, 2003 Subject: REQUEST FOR ADDITIONAL INFORMATION Stormwater Project No. SW8 021215 Sweet Bay Village Brunswick County The Wilmington Regional Office received a Stormwater Management Permit Application for Sweet Bay Village on December 17, 2002. A preliminary review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: 1. Please add the nearest intersection of two major roads to the vicinity map. A major road is any 1, 2 or 3 digit NC, US or interstate highway. 2. Please number the lots on the plans. . 3. Please provide a copy of the proposed deed restrictions to include all required conditions and limitations. 4. Please provide details for the single lane road and the eyebrow. S. There is no Sweet Bay Village (two words), LLC listed with the Secretary of State. There is a Sweetbay (one word) Village. Please be exact when writing the name of corporation on the application. If Sweetbay Village is not the right one, please provide a copy of the incorporation papers. 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 March 24, 2003, 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 - — Division is allowed 90 days from the receipt of a completed application to issue the permit. a r IN DENR N.C. Division of Water Quality 127 Cardinal Drive Extension Wilmington, N.C. 28405 (910) 395-3900 Fax (910) 350-2004 Customer Service - _ 800-623-7748 Mr. Hathaway February 24, 2003 Stormwater Project No. SW8 021215 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 meat (910) 395-3900. Sincerely, Linda Lewis s Environmental Engineer. RSS/azl: S:\WQS\.STORMWAT\ADDINFO\2003\021215.FEB03 cc: Linda Lewis . Charles Cazier utate of North Carolina Department of Environment and Natural Resources Wilmington Regional Office Division of Land Resources Land Quality Section Michael F. Easley, Governor William G. Ross Jr., Secretary / AV J)15 January 29, 2003 /?WA NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NOTICE OF RECEIPT OF REVISED EROSION & SEDIMENTATION CONTROL PLAN Sweet Bay Village Mr. Fred Hathaway, Manager/Partner 4850 Tobago Drive Southport, NC 28461 Dear Mr. Hathaway: This office has received a revised soil erosion and sediment control plan for the project listed below. NCGS 113A-54.1(a) requires that this office approve or disapprove a submitted revised plan within 15 days of receipt of such plan. Failure to act by this office within this time period shall be deemed approval of the revised plan. Commencement or continuation of a land -disturbing activity under the jurisdiction of the North Carolina Sedimentation Pollution Control Act (NCGS 113A-50) 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 any questions about such requirements, you are advised to contact that Division of Water Quality. If you have questions, please contact this office at 395-3900. Sincerely, Carol N. Miller, CPESC Assistant Regional Engineer CNM/bfr cc: Charles D.Craizer; Tripp Engineering WiRO-LQS PROJECT NAME: Sweet Bay Village PROJECT NO.: BR-03148 LOCATION: Oak Crest Drive - Brunswick County RIVER BASIN: Cape Fear SUBMITTED BY: Tripp Engineering DATE RECEIVED BY LQS: January 28, 2003 127 North Cardinal Drive, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer NORTH CAROLINA DEPARTMENT of ENVIRONMENT & NATURAL RESOURES LAND QUALITY SECTION WILMINGTON REGIONAL OFFICE PROJECT NAME: Sweet Bay Village DATE: December 17, 2002 PROJECT NUMBER: BR-03148 COUNTY: EROSION & SEDIMENT CONTROL PLAN PRELIMINARY REVIEW CHECKLIST To expedite the approval process, a cursory review of your submitted Erosion and Sediment Control Plan application has been made and has shown the need for additional information as specified below. To meet our review schedule, any additional information should be received by this Regional Office no later than . Failure to meet this schedule may result in disapproval of your plan. LOCATION OF PROJECT _ Project location _ Roads, streets _ North arrow & scale Adjoining lakes, streams or water bodies _ For Riparian Buffers, include Site located on USGS topo and USDA Soil Survey Maps GENERAL SITE FEATURES (Plan Elements) Number of additional copies of the plan needed Legend; North arrow, scale, etc. _ Property lines Existing and proposed contours (topographic lines) _ Limits of disturbed area (amount of acreage; label limits) _ Planned and existing buildings locations and elevations Planned and existing road locations and elevations Lot and/or building numbers Land use of surrounding areas Geologic features; rock outcrops, seeps, springs, wetlands, streams, lakes, dams, etc. Easements and drainageways _ Profiles of streets, utilities, lateral ditchlines, etc. Stockpile topsoil and/or subsoil locations _ If the same person conducts the land -disturbing activity and any related borrow or waste activity, the related borrow or waste activity shall constitute part of the land -disturbing activity, unless the borrow or waste activity is regulated under the Mining Act of 1971, or is a landfill regulated by the Division of Solid Waste Management. If the land - disturbing activity and the related borrowor waste activity are not conducted by the same financially responsible party, they shall be considered separate land -disturbing activities and must be permitted either through the Sedimentation Pollution Control Act as a one -use borrow site or through the Mining Act. If the Plan proposes 150 feet or more stream disturbance 401 Water Quality certification may be necessary. EROSION CONTROL MEASURES Legend Location of temporary and permanent (t&p) measures Construction drawings & details for both t&p measures Maintenance requirements of measures Contact person responsible for maintenance Person responsible for overseeing permanent measures 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 910-395-3900 • Fax 910-350-2004 An Equal Opportunity Affirmative Action Employer f SITE DRAINAGE FEATURES & CALCULATIONS OF DESIGN Existing & planned drainage patterns (including thru drainage) _ Size and location of culverts and sewers _ Soil information: type, special characteristics Name and classification of receiving watercourse _ Preconstruction runoff calculations for each outlet from site Design calculations for peak discharges of runoff (including the construction phase & the final runoff coeffficients of site) Design calculations of culverts and storm sewers Design calculations of cross sections & method of stabilization of existing & planned channels (include temporary linings) Design calculations and construction details of enery dissipators below culvert & storm sewer outlets (diameter & apron dimensions) _ Design calculations and details to control groundwater (seeps,etc.) FINANCIAL RESPONSIBILITY/OWNERSHIP (FR/0) FORM _ Completed, notarized FR/O Form _ Accurate application fee ($40.00 per acre; no ceiling) _ Certificate of assumed name, if the owner is a partnership Name of Registered Agent (if applicable) Other missing data: VEGETATIVE STABILIZATION Area and acreage to be vegetatively stabilized Method of soil preparation Seed type and rates (both temporary and permanent) _ Fertilizer type and rates Mulch type and rates Note: Plan should include provision for groundcover on exposed slopes within 15 working days but not more than 30 calendar days, following completion of any phase of grading. Permanent ground - cover for all disturbed areas within 15 workings days or no more than 90 calendar days following completion of construction. NARRATIVE AND CONSTRUCTION SEQUENCE Narrative describing the construction sequence _ Narrative describing nature & purpose of the development Bid specification; only as it regards erosion control Construction sequence related to erosion and sediment control lincluding installation of critical measures prior to the initiation of the land -disturbing activity & the removal of measures after the areas they serve have been permanently stabilized) OTHER INFORMATION INFILTRATION BASIN ANALYSIS FILENAME: G:\DATA\WPDATA\WQS\INBASIN\02060t PROJECT NUMBER: 020608.1 DATE: 31-Jan-03 PROJECT NAME: The Forest at Belvedere Phase 6 DRAINAGE BASIN: Cape Fear REVIEWER: L. Lewis RECEIVING STREAM: UT ICWW CLASS: SA Index No.: 18-87-(5.5) If ORW, is site within the 575' AEC? SITE AREA 29.26 acres DRAINAGE AREA: 11282QI SF IMPERVIOUS AREA CALCULATION BUILDINGS PARKING/ASPHALT CONCRETE OTHER TOTAL % IMPERVIOUS, 1= ( ELEVATION OF SEASONAL HIGH WATER TABLE REPORTED INFILTRATION RATE Rational C 21000 1 16026 1 C 0 48 Place a "1" here if Rational RV= .05+.009 (1) = 0 35 33.7 FEET MSL �2 INCHES/HOUR SURFACE AREAS AND ELEVATIONS Elev. (ft) Area, sq ft Inc. Volume Acc. Volume BOTTOM 35.7 272 36 2007 341.85 341.85 37 2692 2349.5 2691.35 TOP 38 3432 3062 5753.35 VOLUME / DEPTH / DRAWDOWN CALCULATION DESIGN STORM, INCHES DESIGN VOLUME TOTAL VOLUME AVAILABLE STORAGE MET AT ELEVATION ELEVATION ON PLANS TIME TO DRAWDOWN 25 YEAR 24 HOUR STORM N/A Intensity, i = .33 inches / hour Qr-CiA= Qp through the bottom of the basin= 10 YEAR 10 MIN HIGH INTENSITY EVENT Intensity, i = 6.3 inches / hour Volume for 10 yr. 10 min. event = CUBIC FEET CUBIC FEET FEET HOURS MUST BE <120 CFS CFS Must be > Or 4528.43 CF < 5753.35 CF COMMENTS Volume and drawdown are within Design Requirements. TRIPP ENGINEERING, P.C. 419 Chestnut Sweet Wilmington, North Carolina 28401 Phone: (910) 763-5100 • FAX: (910) 763-5631 December 12, 2002 NCDENR Division Water Quality 127 Cardinal Drive Wilmington, NC 28405-3845 Attn: Ms. Linda Lewis Re: Sweet Bay Village Brunswick County, NC TE 01145 Dear Linda: DEC 17 2002 Enclosed please find two (2) sets of plans, one (1) signed original and one (1) copy of the application form with narrative, one (1) low density supplement, and one check for the application fee. Please review for approval and contact us with any questions or comments. Thank you. Sincerely, Tripp Engineering, P.C. 64 Charles D. Cazier, E.I. CDC: dcb Enc. November 29, 2002 Stormwater Narrative Sweet Bay Village Brunswick County, NC TE 01145 Sweet Bay Village is a proposed residential subdivision with a tract area of 45.33 acres (9.03 acres of wetlands and 36.3 acres of uplands). Stormwater will be treated by 3:1 roadside grassed swales and discharged to existing natural drainage ways of Calf Gully Creek. Proposed impervious areas are 118,742 sf of asphalt roads and 136 lots at 2,500 sf each (340,000 so. A total impervious are of 10.53 acres creates an impervious total of 23.23% (29.0% just using the uplands). Low density requirements will be met.