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HomeMy WebLinkAboutstormwater'A 702 North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Division of Water Quality Charles Wakild, PE Director September 21, 2012 Mr. E. Frank Weaver, III Diversified Holdings, LLC 350 Wagoner Drive Fayetteville, NC 28303 Subject: Stormwater Permit No. SW6120804 The Summit, Section Four High Density Subdivision Infiltration Basin Project Harnett County Dear Mr. Weaver: Dee Freeman Secretary The Stormwater Permitting Unit received a complete Stormwater Management Permit Application for The Summit, Section Four on September 11, 2012. 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 and Session Law 2006 -246. We are forwarding Permit No. SW6120804, dated September 21, 2012, for the construction, operation and maintenance of the subject project and the stormwater BMPs. This permit shall be effective from the date of issuance until September 21, 2020 and shall be subject to the conditions and limitations as specified therein, and does not supersede any other agency permit that may be required. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to follow the procedures for transfer of the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. This project will be kept on file at the Fayetteville Regional Office. If you have any questions, or need additional information concerning this matter, please contact Robert Patterson at (919) 807 -6375; or robert.patterson @ncdenr.gov. Sincerely, Original signed by Robert D. Patterson for Charles Wakild, PE Wetlands and Stormwater Branch 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919 - 807 -6494 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer cc: SW6120804 File ec: James M. Kizer, Jr., PE - Moorman, Kizer & Reitzel Ronald S. Williams - Moorman, Kizer & Reitzel Mike Lawyer - Fayetteville Regional Office NorthCarolina %atllllllly State Stormwater Permit Permit No. SW6120804 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY SUBDIVISION 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 Diversified Holdings, LLC The Summit, Section Four Next to 76 Copper Loop, Sanford, Harnett County FOR THE construction, operation and maintenance of two (2) infiltration basins in compliance with the provisions of Session Law 2006 -246 and 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until September 21, 2020 and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. 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 1.6 of this permit. The subdivision is permitted for 30 lots, each allowed a maximum of 6,000 square feet of built -upon area. 3. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 4. The infiltration basins are designed, and must be maintained, to capture and infiltrate 2.5x the minimum treatment volume in lieu of providing a vegetated filter strip and bypass. 5. The built -upon areas associated with this project shall be located at least 30 feet landward of all perennial and intermittent surface waters. Page 1 of 8 State Stormwater Permit Permit No. SW6120804 6. The following design elements have been permitted for this infiltration basin stormwater facility, and must be provided in the system at all times. Basin A Basin B a. Drainage Area, acres: 18.0 1.32 Onsite, ft2: 674,000 57,500 Offsite, ft2: 110,000 0 b. Total Impervious Surfaces, ft2: 238,750 19,400 Lot BUA, ft2: 168,000 12,000 Roads /Parking, ft2: 54,250 7,400 Other, ft2: 0 0 Offsite, ft2: 16,500 0 c. Design Storm, inches: 1.0 1.0 d. TSS removal efficiency: 85% 85% e. Basin Design Depth, feet: 5.5 1.0 f. Bottom Elevation, FMSL: 402.0 404.5 g• Bottom Surface Area, ft2: 8,272 3,800 h. Bypass Weir Elevation, fmsl: 407.5 405.5 i. Permitted Storage Volume, ft3: 66,973 4,837 j. Predevelopment 1 year 24 hour: 4.16 cfs 0.30 cfs k. Post development 1 year 24 hour: 0.0 cfs 0.0 cfs I. Type of Soil: LaB (loamy sand) LaB (loamy sand) m. Expected Infiltration Rate, in /hr : 2.0 2.0 n. Seasonal High Water Table, fmsl: <397.0 <397 o. Time to Draw Down, days: 3.4 0.56 p. Receiving Stream / River Basin: Kiln Branch / Cape Fear q. Stream Index Number: 18- 20 -13 -4 r. Classification of Water Body: "C" II. SCHEDULE OF COMPLIANCE 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 does not exceed the maximum allowed by this permit. 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 set up by the permittee 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. 4. 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. 5. 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. Page 2 of 8 State Stormwater Permit Permit No. SW6120804 6. 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 was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 7. 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 completion of construction. 8. 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. 9. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 10. 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. 11. 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. 12. Permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 13. 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 re- vegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side slopes in accordance with approved plans. f. Debris removal and unclogging of overflow weirs, catch basins, piping, infiltration media, rip rap aprons, and swales. g. Access to all components of the system must be available at all times. 14. Records of maintenance activities must be kept for each permitted BMP. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 3 of 8 State Stormwater Permit Permit No. SW6120804 15. The permittee shall submit to the Division of Water Quality an annual summary report of the maintenance and inspection records for each BMP. The report shall summarize the inspection dates, results of the inspections, and the maintenance work performed at each inspection. 16. The stormwater treatment system shall be constructed in accordance with the approved plans and specifications, the conditions of this permit, and with other supporting data. 17. The permittee shall submit for approval, final site layout and grading plans for any designated future development area shown on the approved plans, prior to construction. 18. 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 SW6120804, as issued by the Division of Water Quality under the stormwater rules. 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. f. The maximum built -upon area per lot is 6,000 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. All runoff on the lot must drain into the permitted system. This may be accomplished via 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 additional measures. h. Built -upon area in excess of the permitted amount will require a permit modification. 19. 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 stamp /signature of the Register of Deeds. 20. 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. Page 4 of 8 State Stormwater Permit Permit No. SW6120804 21. If permeable pavement credit is desired, the permittee must submit a request to modify the permit to incorporate such language as required by the Division of Water Quality. The request to modify must include a soils report identifying the type of soil, the Seasonal High Water Table elevation and the infiltration rate. Upon the successful completion of a permit modification, the individual lot owners that request to utilize permeable pavements must submit the necessary forms and documentation to the permittee and receive approval prior to construction of the permeable pavement. III. GENERAL CONDITIONS This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the facilities to change ownership, or there is a name change of the Permittee, a completed Name /Ownership Change Form must be submitted to the Division of Water Quality, signed by the parties involved, accompanied by supporting documentation as listed on page 2 of the form. 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. Permittee grants permission to staff of the DWQ to access the property for the purposes of inspecting the stormwater facilities during normal business hours. 7. The permit issued shall continue in force and effect until revoked or terminated. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and re- issuance or termination does not stay any permit condition. 8. Unless specified elsewhere, permanent seeding requirements for the stormwater controls must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules and regulations contained in Session Law 2006- 246, Title 15A NCAC 2H.1000, and NCGS 143 -215.1 et.al. 11. The permittee shall notify the Division in writing of any name, ownership or mailing address changes at least 30 days prior to making such changes. Page 5of8 State Stormwater Permit Permit No. SW6120804 12. The permittee shall submit a renewal request with all required forms and documentation at least 180 days prior to the expiration date of this permit. Permit issued this the 21St day of September, 2012. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Original signed by Robert A Patterson for Charles Wakild, PE, Director Division of Water Quality By Authority of the Environmental Management Commission Page 6of8